Patna High Court - Orders
Megh Nath Manjhi vs The State Of Bihar And Ors. on 28 January, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2837 of 2011
MEGH NATH MANJHI
Versus
THE STATE OF BIHAR AND ORS.
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2. 28.01.2011. Heard.
The grievance of the petitioner is
that the learned Additional Sessions Judge- IV, Saran at Chapra was quashing the notice issued to the Opposite Parties for appearing and show cause as to why they should not be asked to execute a bond under Section 116 Cr.P.C. While quashing the notice, the proceeding was also quashed as no substance of information was specifically mentioned as per the provisions of Section 111 of the Cr.P.C. It was contended that there was an apprehension of the breach of peace and a substance of information which was received by the court, i.e., Sub Divisional Magistrate, Sadar, Saran at Chapra in case no. M.249 of 2010 was duly incorporated, both in the order drawing up a proceeding under Section 107 Cr.P.C and the notice issued in pursuance thereto. A copy of the initial order under Section 107 Cr.P.C. is also annexed as Annexure-2 to support the 2 contention.
If one peruses the provisions of Sections 111, 113 and 114 of the Cr.P.C. one may come to a conclusion that the substance of accusation or information giving apprehension of the breach of peace on account of commission of certain overt-acts, have to be clearly incorporated in the order initiating a proceeding under Section 107 Cr.P.C. The accusation has also to be incorporated in the notice which was to be issued or the warrant of arrest which was to be issued or the apprehension of the persons asked to show cause. In case, it was not possible then a copy of the order drawn up to initiate the proceeding has to accompany such a notice or a warrant of arrest as appears from Section 114 Cr.P.C. The reason for incorporating these provisions in chapter- VIII of the Cr.P.C. was with a view only to allowing the person who is being proceeded against under Section 107 Cr.P.C., to know as to what has been reported against him so that he could come before the court and file a proper rely. The whole rationals behind issuing the notice and incorporating therein 3 the substance of accusation is to give the person proceeded against a fair chance of responding to the charges or accusations which might have been levelled against him.
Not incorporating the accusations or information either in the notice or in the order is tantamount to snatching valid statutory right from such a person and, as such, the notice which is issued in pursuance thereof is to be quashed.
Judging the order passed by the revisional court, I find that the order was properly passed on account of valid reasons and there is no need to interfere with the present petition. The petition is meritless and the same is dismissed.
B.Kr. ( Dharnidhar Jha,J.)